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Planning & Zoning Commission

Regular Session Agenda

June 15, 2015

6:00 PM

Council Chambers, 200 W. Walker Street

 

I.                   Call to Order and Roll Call of Members

 

II.                Approval of Minutes

A.     June 1, 2015

 

III.             Public Hearing and Action Items from Public Hearing

A.     Hold a public hearing and take action on a plat application, Creekwood Subdivision Lot 6-A, a replat of Creekwood Subdivision Lot 6, 7, and Restricted Reserve “B”, to combine Lots 6 and 7 into Lot 6A, and remove Restricted Reserve “B” and create Restricted Reserve “B-1”; generally located south of Clear Creek at the end of Ellis Road in League City, Texas.

 

B.     Hold a public hearing and take action on a plat application, Landing Center, Phase III, being a partial replat including Restricted Reserves “B” and “C” of the Landing Center, Phase II Subdivision, as well as a plat of approximately 10.4 acres situated in the John Dickinson League Abstract No. 9; generally located at the southeastern corner of the intersection of West Main Street (FM 518) and Landing Boulevard.

 

IV.              Items Tabled and Subject to Recall

A.     Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z15-11 (Texas Ave./Power St.), a request to rezone approximately 2.0 acres from “OS” (Open Space) to “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of the northwestern 231.3 feet of Lot 35 (35-3) of the League City Division B Subdivision, generally located south of Power Street, east of Dickinson Avenue and west of Texas Avenue, with the approximate address being in the 1000 block of Power Street and the 1000 block of Texas Avenue in League City, Texas. (PUBLIC HEARING IS CLOSED)

 

V.                 Staff Comments

 

VI.              Adjournment

 

CERTIFICATE

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, ON OR BEFORE THE 12th DAY OF JUNE 2015, BY 6 PM, AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS OPEN MEETINGS ACT).  ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT.

 

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.  BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72 HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

 

 

___________________________________

Richard Werbiskis, AICP

City Planner

 

MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

Monday, June 15, 2015 at 6:00 P.M.

COUNCIL CHAMBERS

200 W WALKER ST.

***************************************************************

 

I.                   Call to Order and Roll Call of Members

 

Eric Froeschner opened the meeting at 6:00 PM.

 

Members Present:                               Members Absent:

James Brockway                                  Hank Dugie

Kimberlee Prokhorov Arrived at 6:01 PM

Marc Edelman, Vice Chairman

Eric Froeschner, Chairman

Shane Hamilton

Ron Wicker

Doug Turner

 

Planning Staff:

Paul Menzies, Director of Planning & Zoning

Richard Werbiskis, Assistant Director of Planning & Development

Ryan Granata, Planning Manager

Casey Rohrich, Planner

Matthew Grooms, Planner

Nghiem Doan, City Attorney

Earl Smith, Director of Engineering

 

II.                Approval of Minutes

A.     June 1, 2015

 

Doug Turner motioned to approve the minutes of June 1, 2015.

 

James Brockway seconded the motion.

 

Motion passed 6-0-0.

 

III.             Public Hearing and Action Items from Public Hearing

A.     Hold a public hearing and take action on a plat application, Creekwood Subdivision Lot 6-A, a replat of Creekwood Subdivision Lot 6, 7, and Restricted Reserve “B”, to combine Lots 6 and 7 into Lot 6A, and remove Restricted Reserve “B” and create Restricted Reserve “B-1”; generally located south of Clear Creek at the end of Ellis Road in League City, Texas.

 

Mark Linenschmidt (ML) addressed the commission. This request is to join two separate pieces of property into one single lot. Restricted Reserve B is being changed to Restricted Reserve B1to provide for the utilities on site, an outfall for the subdivision into the Clear Creek channel. As a result of the public infrastructure, it was required by the applicant to resubmit the plat to make this change. The original subdivision was approved by the Planning and Zoning Commission in 2006. Infrastructure and Parks fees were paid at that time as well. In regards to infrastructure fees, staff had originally recommended holding the public hearing and then tabling this item because the infrastructure plans had not yet been approved.

 

However, as of late this afternoon, the infrastructure plans were approved by the City Engineer. Due to this change, staff amends its recommendation to approval.

 

Commissioner Comment (CC) – Commissioner Prokhorov is here and is being marked in attendance

 

The public hearing was opened at 6:04 PM.

 

The public hearing was opened at 6:05 PM.

 

Commissioner Question (CQ) – In the current plat, Lots 6 and 7 are divided by Restricted Reserve B. In the proposed plat, is it correct that it will become 1 lot that will be Lot 6?

 

ML – Yes, that is correct.

 

CQ – That would entail from the eastern half of the cul-de-sac and go all the way over to the new restricted reserve?

 

ML – The original Restricted Reserve bisected these two lots. The proposed plat places the new Restricted Reserve at the western edge of the subdivision.

 

CQ – There is no Lot 7?

 

ML –No.

 

Doug Turner motioned to approve Creekwood Subdivision Lot 6-A.

 

Shane Hamilton seconded the motion.

 

Motion passed 7-0-0.

 

B.     Hold a public hearing and take action on a plat application, Landing Center, Phase III, being a partial replat including Restricted Reserves “B” and “C” of the Landing Center, Phase II Subdivision, as well as a plat of approximately 10.4 acres situated in the John Dickinson League Abstract No. 9; generally located at the southeastern corner of the intersection of West Main Street (FM 518) and Landing Boulevard.

 

Mark Linenschmidt (ML) presented for the City of League City. This property is the second plat for this property although it is the third phase. The other phase of Landing is on the other side of Main Street. This request is to plat the remaining portion. In 2009, the Auto Zone in the northeast corner of the property was developed, however not all of the property was platted at the same time. Included in the original plat were a Restricted Reserve B, which is currently the detention pond for the site, and Restricted Reserve C, which serves as the mutual access for the development. In coordination with the applicant, the plat has Lot 1, which is the large anchor site, a site that will be a Neighborhood Wal-Mart with an associated gas station. Lot 2, which includes Restricted Reserve B and Restricted Reserve C, will remain as one lot. All three lots will have direct frontage. All utilities are existing on-site. Staff included a utility plan for the Commission’s review. This plan includes electrical, telephone, fiber-optic and sanitary sewer. These utilities are located along the interior perimeter of the property. These plans have been submitted to the Development Review Committee and are awaiting approval, subject to this plat being recorded. This is a public hearing item as this is a Replat.

 

CQ – Where is the retention on the proposed Plat? Would it be Restricted Reserve B? Will you have to abandon the current one?

 

ML – Restricted Reserve B will be removed. This will need to verify this with staff as we do not have this information with us. This information can be provided at a later time.

 

CC – This would be an important piece of information to have.

 

ML – Dale Hardy may be able to answer that question for you, either now or after the public hearing.

Applicant Comment: Dale Hardy (DH) – The existing reserve was originally prescribed as the detention on the site. Subsequent to the Wal-Mart Contract being signed, a new drainage study was completed. The new study showed that a Restricted Reserve for detention purposes would no longer be needed and that drainage on that site could go into the existing ditch. The construction plans should indicate drainage going directly into the ditch on the east side of the site.

 

CQ – Is that labeled as a drainage easement?

 

ML – On the eastern corner of the site, there are two tributaries which lead into a main going out to the drainage ditch which is a buffer between the elementary school to the east and the site.

 

CQ – There is no retention that is required then? It is just a straight drain off?

 

ML – Direct Outfall

 

CC – We discussed our concerns regarding this with the City Engineer, he was adamant that it was unnecessary.

 

The public hearing was opened at 6:12 PM.

 

The public hearing was closed at 6:12 PM.

 

CQ – There are a few easements located on this site, one for a water line and the other for sanitary sewer. Will these remain as they currently are?

 

ML – Are you referring to the easements centrally located along the lot?

 

CC – The easements that are shown on the plat.

 

ML – There are two sets of easements. One set of easements already exists and runs along Landing Boulevard and provides utilities to the AutoZone site. Then there are the water and sanitary sewer line easements. The sanitary sewer line comes in adjacent to the AutoZone tract. The AutoZone utilities come in in front of the Wal-Mart. An additional water line and fire water line come in at the rear of the building as well.

 

Doug Turner motioned to approve Landing Center, Phase III.

 

James Brockway seconded the motion.

 

Motion Passed 7-0-0.

 

IV.              Items Tabled and Subject to Recall

A.     Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z15-11 (Texas Ave./Power St.), a request to rezone approximately 2.0 acres from “OS” (Open Space) to “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of the northwestern 231.3 feet of Lot 35 (35-3) of the League City Division B Subdivision, generally located south of Power Street, east of Dickinson Avenue and west of Texas Avenue, with the approximate address being in the 1000 block of Power Street and the 1000 block of Texas Avenue in League City, Texas. (PUBLIC HEARING IS CLOSED)

 

Mark Linenschmidt (ML) presented for the City of League City. At the June 1st meeting of the Planning and Zoning Commission, this item was tabled. The commission wanted to see a survey and legal description of the property. The property is not platted. A plat and tree disposition plan will be required upon its development. A graphical drawing of the property, a copy of the Right of Way Drawing from when the property was being considered for the drainage channel project, has been provided to the Commission. During the vetting process, city staff identified exactly what piece of this lot to rezone and sell. To do this, the site was divided, with the drainage channel and required access easements being removed. A 10 foot access easement was provided parallel with the drainage channel, and a section perpendicular to the drainage channel was also set aside as an easement to allow heavy equipment necessary for maintenance to gain access. Future expansion along Texas Avenue and Power Street was also accounted for, with 20 feet being given to Texas Avenue and 10 feet being given to Power Street. Power Street will be a 60 foot Right of Way and Texas Avenue will be an 80 foot Right of Way. The remaining tract is approximately 2 acres, and this is the area that would be sold off. John Lothrop, from the Engineering Department, took this drawing and is hand writing a metes and bounds description. He does have experience as a registered professional surveyor, and we will implement that document into our proposal for final approval of an ordinance.

 

CQ – We do not have a sealed survey at this time?

 

ML – No

 

CC – That was the issue in the previous meeting. The commission was asked to approve a zone change on a property without a survey or metes and bounds description.

 

ML – The drawings we based this off of were signed and sealed by engineers.

 

CC – It would seem that the City could acquire a survey, given that all individual applicants are required to provide a survey for a zoning change or a replat. The inability of the City to get a survey done does not make sense.

 

CQ – Was this taken off the table to discuss?

 

CC – No, it was tabled the previous meeting since no survey was available.

 

CC – We can either motion to take it off the table for discussion or leave it tabled.

 

CC – For liability, the City should have the survey on hand prior to moving forward.

 

CC – Let’s get a motion to either remove this item from the table or keep it tabled so that we can discuss it fully.

 

CC – It would be preferable to leave this item tabled until we have a survey to review.

 

CQ – Is that a motion?

 

CC – We do not need a motion since this item is still tabled.

 

V.                 Staff Comments

 

ML – In the meeting packets, staff did provide updates from DRC and the Building Department. Apart from the last request, all of the other City rezonings will be going forward to City Council next week. At last week’s City Council meeting, City Council did identify all of these properties as surplus and directed staff to sell the properties. Last, staff is looking into commission training. Since this month has five weeks we would like to hold a training session in two weeks on June 29th at 6:00 PM.

 

Paul Menzies (PM) – I would like to provide the commission with an update on the overhead power line issue. The city issued a stop-work order to the developer in Mar Bella, in response to the erection of a new set of overhead power lines on the development’s eastern side adjacent to Highway 146. This is contrary to the City’s underground utility requirement. These lines are separate and apart from the power lines recently installed along Isla Vista Circle. The City Council, through the City Attorney, has been communicating with the developer regarding those perimeter lines subject to the stop-work order. The City hopes that a solution can be agreed upon so that those lines can be brought into compliance with City ordinances and so that property closings may not be affected. As the City Council, City Attorney and the development community work towards a resolution, it is important to note that all of the ongoing discussions regarding recent overhead power line matters, have been conducted by City Council in executive session. As such, other related discussions outside of that forum would be premature. The City Attorney and staff are preparing for discussion with the Planning and Zoning Commission regarding current related matters as well as a future course of action. All of this will occur once current legal matters are resolved. Any related information that affects the Planning and Zoning Commission will be relayed to the Commissioners immediately. If individuals have questions regarding these matters, you may contact me or the City Attorney.

 

RG – Staff produced a memo that outlines the changes made to the public notice procedure. These changes include alterations to the Public Notice Letter, sent out to abutting properties and a local newspaper, that provide instructions for how to submit comments to staff. Staff has also provided standardized language to be conveyed by the applicant to citizens in their notice for a neighborhood meeting. This was done in response to a concern that was raised by the Planning and Zoning Commission early in May in regards to a zoning change request. The concern was that the public did not have clear instructions on how to proceed with comments once they had received a notice.

 

RG – Staff will continue using the current Public Notice Signs. Staff is considering an alternative option which will be larger and sturdier than the existing signs, though not so great an expense as the previous signs.

 

VI.              Adjournment

Eric Froeschner adjourned the meeting at 6:24 PM.

 

CERTIFICATE

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, ON OR BEFORE THE 29th DAY OF MAY 2015, BY 6 PM, AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS OPEN MEETINGS ACT). ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT.

 

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE. BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72 HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

 

_____________________________              ______________________________

Richard Werbiskis, AICP                              Eric Froeschner

City Planner                                                   Chairman